MUNSELL, JEANNE M. - Laserfiche WebLink

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DocuSign Envelope ID: A5414ED5-93ED-4AAA-A317-tABEt FC7AF1 F 5. Transfer of Ownership. In the event that the Buyer cannot close escrow and Respondent Munsell or other party retains ownership of the Property, this Agreement shall be null and void and the Action shall continue with Respondents being subject to the City's requested relief from the Court. 6. Release. (a) Notwithstanding the provisions of Civil Code section 1542, Respondent Munsell hereby irrevocably and unconditionally release and forever discharge Petitioner and each and all of Petitioner, its officers, agents, directors, supervisors, employees, agents, representatives, and Petitioner successors and assigns and all persons acting by, through, under, or in concert with Petitioner from any and all charges, complaints, claims, violations and liabilities of any kind or nature whatsoever, known or unknown suspected or unsuspected (hereinafter referred to as a "Claim" or "Claims") which Respondent Munsell at any time heretofore had or claimed to have or which Respondent Munsell at any time now or hereafter may have or claim to have, which relates or pertains to the Property in any manner and/or to the allegations contained in the complaint filed in the Action. (b) Notwithstanding the provisions of Civil Code section 1542, Petitioner hereto hereby irrevocably and unconditionally release and forever discharge's Respondent Munsell and each and all of Respondent Munsell's officers, agents, directors, supervisors, employees, agents, representatives, trustees, prior trustees, all persons acting by, through, under, or in concert with Respondent Munsell from any and all Claim or Claims which Petitioner at any time heretofore had or claimed to have or which Petitioner at any time now or hereafter may have or claim to have, which relates or pertains to the Property in any manner and/or to the allegations contained in the complaint filed in the Action. (c) The releases found in this paragraph 6 are not applicable against Buyer, on behalf of itself, its successors and assigns and any subsequent owner of the Property. 7. California Civil Code Section 1542 Waiver. With respect to the released Claims set forth herein, the Parties, and each of them, acknowledge that they have been advised by legal counsel and are familiar with theprovisions of California Civil Code Section 1542, which provides as follows: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY." THE SETTLING PARTIES, BEING AWARE OF SAID CODE SECTION, HEREBY EXPRESSLY WAIVE ANY RIGHTS THEY MAY HAVE THEREUNDER, AS WELL AS UNDER ANY OTHER STATUTES OR COMMON LAW PRINCIPLES OF SIMILAR EFFECT PERTAINING TO THE RELEASED CLAIMS. The Parties, and each of them, represent and warrant to the other that they execute this Agreement with full knowledge of any and all rights which they may have by reason of any of the matters described